03/15/2017 AgreementKEVIN MAW& CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & CONYMOLLER
DATE. March 30, 2017
TO: Debbie Lofberg
Executive Administrator
FROM: Painela G. Hanco"aWC.
SUBJECT: March 15th BOCC Meeting
Enclosed are four duplicate originals of Item H2, Grant Agreement No. 16058 between
Monroe County and the Florida Fish and Wildlife Conservation Commission providing
reimbursement funding to the County in an amount not to exceed $86,462.00 for derelict vessel
removals, executed on behalf of Monroe County for your handling.
Please be sure to return two fully executed originals, marked "Clerk" and "Finance" to this
office once signed by the state. Should you have any questions, please feel free to contact me at
ext. 3130. Thank you.
cc: County Attorney w/o document
Finance
File J
CIeYK
FWC Agreement No. 16058
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AGREEMENT No. 16058
CFDA Title(s): N/A
CFDA No(s).: N/A
Name of Federal Agency(s): N/a
Federal Award No(s): N/A
Federal Award Year(s): N/A
Federal Award Name(s): N/A
CSFA Title(s).: FLORIDA BOATING IMPROVEMENT
PROGRAM
CSFA No(s).: 77.006
State Award No(s).: 16058
State Award Year(s): 2016-2017
State Award Name(s): Monroe County, Derelict Vessel Removal
This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,
whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and
Monore County Board of County Commissioners, FEID # 59-6000749, whose address is 2798 Overseas Highway,
Suite 420, Marthon, FL, hereinafter "Grantee."
WHEREAS, the Commission and Grantee have partnered together to remove twenty-five derelict vessels
from the public waters of Monroe County; and,
WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant #16058; and,
WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public
welfare.
Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as
follows:
1. PROJECT DESCRIPTION.
The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth
in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work).
The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables
must be submitted and approved by the Commission prior to any payment. The Commission will not accept
any deliverable that does not comply with the specified required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result
of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's
response is hereby incorporated by reference.
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FWC Agreement No. 16058
2. PERFORMANCE.
The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner.
Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary
or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all
necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall
be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation;
the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall
procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion
of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all
respects to fully perform the requirements and the integrity and reliability that will assure good -faith
performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager
in writing if its ability to perform under the Agreement is compromised in any manner during the term of
the Agreement. The Commission shall take appropriate action, including potential termination of this
Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this
Agreement becomes compromised.
3. AGREEMENT PERIOD.
A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made
pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall
remain in effect through 06/30/2018. However, as authorized by Rule 68-1.003, F.A.C., referenced
grant programs may execute Agreements with a retroactive start date of no more than sixty (60)
days, provided that approval is granted from the Executive Director or his/her designee and that it
is in the best interest of the Commission and State to do so. Agreements executed under this grant
award shall not precede a start date of 07/01/2016. For this agreement, the retroactive start date
was not approved. The Commission's Grant Manager shall confirm the specific start date of the
Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement
or compensation for grant activities performed prior to the start date of this Agreement nor after
the end date of the Agreement. For this agreement, preaward costs may be eligible for
reimbursement. Details of allowable expenses are included in Attachment A (Scope of Work). If
necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an
Amendment to this Agreement may be executed to lengthen the Agreement period.
4. COMPENSATION AND PAYMENTS.
A. Compensation. As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not
to exceed $86,462 .
B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon
submission of invoices, accompanied by supporting documentation sufficient to justify invoiced
expenses or fees, and after acceptance of services and deliverables in writing by the Commission's
Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope
of Work, invoices shall be due monthly, commencing from the start date of this Agreement_
Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance
with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of
Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days
following the expiration date of this Agreement to assure the availability of funds for payment.
Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee
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FWC Agreement No. 16058
for allowable costs resulting from obligations incurred during the agreement period specified in
Paragraph three (3).
C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's
Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may
be submitted electronically to the attention of the Commission's Grant Manager identified in
Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the
invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof.
Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking
documentation necessary to justify invoiced expenses.
D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal
match towards this Agreement. If applicable, details regarding specific match requirements are
included in Attachment A, Scope of Work.
E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be
reimbursed in accordance with Section 112.061, F.S.
F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation and authorization to spend by the
Legislature. The Parties hereto understand that this Agreement is not a commitment to future
appropriations, but is subject to appropriation and authority to spend provided by the Legislature.
The Commission shall be the final authority as to the availability of funds for this Agreement, and
as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds
are not appropriated or available for the Agreement purpose, such event will not constitute a default
on behalf of the Commission or the State. The Commission's Grant Manager shall notify the
Grantee in writing at the earliest possible time if funds are not appropriated or available.
G. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that
under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the
competitive prevailing rate for those services unless expressly authorized in the General
Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the
amount of non-competitive compensation provided in this Agreement is in compliance with Section
216.3475, F.S.
H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections
215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless
the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured
from the latter of the date the invoice is received or the Deliverables are received, inspected and
approved, a separate interest penalty set by the Department of Financial Services pursuant to
Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned
to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the agency.
I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered
by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed
this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be
found on the vendor instruction page at:
http://www.fldfs.com/aadir/direct deposit web/Vendors.htm
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FWC Agreement No. 16058
Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once
enrolled, invoice payments will be made by EFT.
J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for
vendors who may be experiencing problems in obtaining timely payment(s) from a State agency,
may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-
2762.
5. CERTIFICATIONS AND ASSURANCES.
Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the
Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances,"
attached hereto and incorporated as Attachment B. This includes both State and Federal requirements, each
applicable to the extent this Agreement includes either State -only funding, Federal -only funding, or both.
6. RETURN OR RECOUPMENT OF FUNDS.
A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return
to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the
Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall
repay said overpayment within forty (40) calendar days without prior notification from the
Commission. In the event that the Commission first discovers an overpayment has been made, the
Commission will notify the Grantee in writing. Should repayment not be made in a timely manner,
the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant
to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the
date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and
made payable to the "The Florida Fish and Wildlife Conservation Commission."
B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's
non-compliance with any provision of the Agreement results in additional cost or monetary loss to
the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can
recoup that cost or loss from monies owed to the Grantee under this Agreement or any other
agreement between Grantee and the Commission. In the event that the discovery of this cost or
loss arises when no monies are available under this Agreement or any other agreement between the
Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission
within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in
writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the
Commission, the Commission shall notify the State of Florida, Department of Financial Services,
for resolution pursuant to Section 17.0415, F.S.
7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of
its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms
of this Agreement. Grantee is placed on notice that this exemption generally does not apply to
nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions
regarding this tax exemption should be addressed to the Commission Grant Manager.
B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the
State of Florida, then the following paragraph applies:
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FWC Agreement No. 16058
The Grantee acknowledges that Property being improved is titled to the State of Florida,
and is not subject to lien of any kind for any reason. The Grantee shall include notice of
such exemptions in any subcontracts and purchase orders issued hereunder.
8. MONITORING.
The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with
the terms of this Agreement. The Commission reserves the right for any Commission staff to make
scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal
monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, monitoring
terms, conditions, and schedules may be included in Attachment A, Scope of Work.
9. TERMINATION.
A. Commission Termination. The Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent
to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits.
The Grantee may request termination of the Agreement for convenience.
B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in
the event of fraud or willful misconduct. In the event of such termination, the Commission shall
provide the Grantee with written notice of termination.
C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.)
comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the
time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering
the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing
requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The
rights and remedies of the Commission in this clause are in addition to any other rights and remedies
provided by law or under the Agreement. The Grantee shall not be entitled to recover any
cancellation charges or lost profits.
D. Termination - Funds Unavailability. In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Commission may terminate this Agreement upon no less than twenty-four (24)
hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof of delivery. The Commission shall be the final authority
as to the availability of funds and will not reallocate funds appropriated for this Agreement to
another program thus causing "lack of funds." In the event of termination of this Agreement under
this provision, the Grantee will be compensated for any work satisfactorily completed and any non -
cancellable obligations properly incurred prior to notification of termination.
E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of
termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly
render to the Commission all property belonging to the Commission. For the purposes of this
section, property belonging to the Commission shall include, but shall not be limited to, all books
and records kept on behalf of the Commission.
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FWC Agreement No. 16058
12.
10. REMEDIES.
A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A,
Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be
received and accepted in writing by the agency before payment. Each deliverable specifies the
required minimum level of service to be performed and the criteria for evaluating the successful
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
frame specified by the Scope of Work, the budget amount allocated for that deliverable may be
deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the
Commission shall apply any additional financial consequences, identified in the Scope of Work.
B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in
addition to any other rights and remedies provided by law or under the Agreement.
11. NOTICES AND CORRESPONDENCE.
Any and all notices shall be delivered to the individuals identified below. In the event that either Party
designates a different Grant Manager after the execution of this Agreement, the Party will provide written
notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant
Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon
as possible, but not later than five (5) business days after the new Grant Manager has been named. A
designation of a new Grant Manager shall not require a formal amendment to the Agreement.
FOR THE COMMISSION:
Grant Manager
Andrea Pelton
Grant Specialist
Florida Fish and Wildlife
Conservation Commission
620 S. Meridian St
Tallahassee, FL 32399
(850) 717-2108
(850)488-9284
Andrea.Pelton@Myfwc.com
AMENDMENT.
FOR THE GRANTEE:
Grant Manager
Celia Hitchins
Marine Biologist
Monroe County
2798 Overseas Highway, Suite 420
Marathon, FL 33050
(305)289-2580
(305)289-2536
Hitchins-celia@monroecounty-fl.gov
A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully executed by
the Parties.
B. Change Orders. The Commission may, at any time, by written order, make a change to this
Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in
writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require
an Amendment. Minor changes, such as those updating a Party's contact information, may be
accomplished by a Modification.
C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this
Agreement if federal and/or state revisions of any applicable laws or regulations make changes in
the Agreement necessary.
GRANT - GOVERNMENTAL ENTITY
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FWC Agreement No. 16058
13. PROPERTY RIGHTS.
If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, OMB Uniform
Guidance (2 CFR 200), and any language addressing Federal rights, apply.
A. Intellectual and Other Intangible Property.
i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically
addressed in the Attachment A, Scope of Work, intellectual and other intangible property
rights to the Grantee's preexisting property will remain with the Grantee.
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale,
licensing, marketing or other authorization related to any intellectual and other intangible
property right created or otherwise developed by the Grantee under this Agreement for the
Commission shall be handled in the manner specified by the applicable Florida State
Statute and/or Federal program requirements.
iii. Commission Intellectual Property Rights. Where activities supported by this Agreement
produce original writing, sound recordings, pictorial reproductions, drawings or other
graphic representations and works of any similar nature, the Commission and the State of
Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate
and disclose such materials in whole or in part, in any manner, for any purpose whatsoever
and to have others acting on behalf of the Commission to do so. If this Agreement is
supported by federal funds, the federal awarding agency reserves a royalty -free,
nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
federal purposes, and to authorize others to do so.
B. Purchase or Improvement of Real Property
This agreement is not for the purchase or improvement of real property, therefore, the following
terms and conditions do not apply.
i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real
property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329,
OMB Uniform Guidance (2 CFR 200), as amended.
ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section
287.05805, F.S. This section requires the Grantee to grant a security interest in the property
to the State of Florida, the type and details of which are provided for in Attachment A,
Scope of Work. Title to state-owned real property remains vested in the state. Title to
federally -owned real property remains vested in the Federal government in accordance
with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended.
iii. Use. Federally -owned real property will be used for the originally authorized purpose as
long as needed for that purpose in accordance with Section 200.311, OMB Uniform
Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment
A, Scope of Work.
C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the
acquisition of non -expendable property.
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FWC Agreement No. 16058
Non -Expendable Property Defined. For the requirements of this section of the
Agreement, "non -expendable property" is the same as "property" as defined in Section
273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-
consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a
normal expected life of one (1) year or more; hardback -covered bound books that are
circulated to students or the general public, with a value or cost of $25.00 or more; and
uncirculated hardback -covered bound books, with a value or cost of $250.00 or more).
ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property
acquired with funds from this Agreement shall be vested in the Commission and said
property shall be transferred to the Commission upon completion or termination of the
Agreement unless otherwise authorized in writing by the Commission or unless otherwise
specifically provided for in Attachment A, Scope of Work.
D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the
acquisition of equipment and supplies.
Title - Equipment. Title to equipment acquired under a Federal award will vest upon
acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314,
OMB Uniform Guidance (2 CFR 200).
ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition.
Unused supplies exceeding $5,000.00 in total aggregate value upon termination or
completion of the project or program are subject to Section 200.314, OMB Uniform
Guidance.
iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or
project for which it was acquired as long as needed
14. RELATIONSHIP OF THE PARTIES.
A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent,
representative, or employee of the Commission. The Grantee covenants that it presently has no
interest and shall not acquire any interest that would conflict in any manner or degree with the
performance of services required. Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between the Grantee and the Commission.
B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors,
or agents performing work under the Agreement shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification.
C. Commission Security. All employees, subcontractors, or agents performing work under the
Agreement must comply with all security and administrative requirements of the Commission. The
Commission may conduct, and the Grantee shall cooperate in, a security background check or
otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission
may refuse access to, or require replacement of, any personnel for cause, including, but not limited
to, technical or training qualifications, quality of work, change in security status, or non-compliance
with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation
to perform all work in compliance with the Agreement. The Commission, in coordination with the
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FWC Agreement No. 16058
Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors,
or agents.
D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at
all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to
another governmental agency in the State of Florida, upon giving prior written notice to the
Grantee.
E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that
the Commission may undertake or award supplemental agreements for work related to the
Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the
Commission in all such cases.
15. SUBCONTRACTS.
A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following
terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission
upon request, that any subcontractor selected for work under this Agreement has the necessary
qualifications and abilities to perform in accordance with the terms and conditions of this Agreement.
The Grantee must provide the Commission with the names of any subcontractor considered for work
under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any
subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred
with the project. Any subcontract arrangements must be evidenced by a written document available to
the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the
extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract
and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above,
Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice
in accordance with the contract between the Grantee and subcontractor. Failure to make payment
pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor
in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall
not exceed fifteen percent (15%) of the outstanding balance due."
C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with
Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose
qualifications or performance, in the Commission's judgment, are insufficient.
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A
above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant, joint venturer, or partner of the State of Florida.
16. MANDATORY DISCLOSURE.
These disclosures are required by State law, as indicated, and apply when this Agreement includes State
funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award.
A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject
to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other
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FWC Agreement No. 16058
agent who is affiliated with this project and an employee of the State of Florida. If the Agreement
includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform
Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the
Commission in accordance with applicable Federal awarding agency policy.
B. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission,
in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the
convicted vendors list maintained by the Florida Department of Management Services pursuant to
Section 287.133(3)(d), F.S.
Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity
crime may not be awarded or perform work as a Grantee, supplier, subcontractor or
consultant under a contract with any public entity and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, F.S., for
Category Two for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. The State of Florida, Department of Management Services, Division
of State Purchasing provides listings for convicted, suspended, discriminatory and federal
excluded parties, as well as the vendor complaint list at:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/co
nvicted suspended discriminatory complaints vendor lists
ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department
of Management Services and the Commission, in writing, within thirty (30) days after
conviction of a public entity crime applicable to that person or an affiliate of that person as
defined in Section 287.133, F.S.
C. Vendors on Scrutinized Companies List.
Scrutinized Companies. If this Agreement is in the amount of $1 million dollars or more,
in executing this Agreement, the Grantee shall have an ongoing obligation to disclose to the
Commission if it, its subrecipient, contractor, or subcontractor, is listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473,
F.S., or is engaged in business operations in Cuba or Syria. Section 287.135, F.S.
ii. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the
Commission may immediately terminate this Agreement for cause if the Grantee is found
to have submitted a false certification or if, during the term of the Agreement, the Grantee
is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business
operations in Cuba or Syria.
iii. False Certification — Termination Notice. If the Commission determines that the Grantee
has submitted a false certification, the Commission will provide written notice to the
Grantee. Unless the Grantee demonstrates in writing, within ninety (90) days of receipt of
the notice, that the Commission's determination of false certification was made in error, the
Commission shall bring a civil action against the Grantee. If the Commission's
determination is upheld, a civil penalty equal to the greater of $2,000,000.00 or twice the
amount of this Agreement shall be imposed on the Grantee, and the Grantee will be
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FWC Agreement No. 16058
ineligible to bid on any agreement with an agency or local governmental entity for three (3)
years after the date of the Commission's determination of false certification by the Grantee.
iv. Cessation of Federal Authority. In the event that federal law ceases to authorize the states
to adopt and enforce the contracting prohibition identified in this paragraph, this provision
shall be null and void to the extent no longer authorized.
D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their
subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the
Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public entity."
Section 287.134(2)(a), F.S.
E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings.
Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to
the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation,
investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the
Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the
Commission concern that the Grantee's ability or willingness to perform the Agreement is
jeopardized, the Grantee may be required to provide the Commission with reasonable assurances
to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its
terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage
in conduct in performing services for the Commission which is similar in nature to the conduct
alleged in such Proceeding.
F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in
accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose,
in a timely manner, in writing to the Commission all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the Federal award.
17. INSURANCE.
The Grantee warrants and represents that it is insured, or self -insured for liability insurance, in accordance
with applicable state law and that such insurance or self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their employment with
the Grantee.
18. SPONSORSHIP.
As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this
grant is a nongovernmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or
describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida,
Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words
"State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type
as the name of the Grantee's organization. Additional sponsorship requirements may be specified in
Attachment A, Scope of Work.
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19. PUBLIC RECORDS.
A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless
exemption for such records is allowable under Florida law.
B. If the Contractor meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Contractor
shall comply with the following:
i. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF THE CHAPTER 119, FLORIDA
STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
850-488-6553, RecordsCustodian @ myfwc.com, and 620 South
Meridian Street, Tallahassee FL 32399
ii. Keep and maintain public records required by the Commission to perform the service.
iii. Upon request from the Commission's custodian of public records, provide the
Commission with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S. or as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the Commission.
V. Upon completion of the contract transfer, at no cost, to the Commission all public
records in possession of the Contractor or keep and maintain public records required
by the Commission to perform the service. If the Contractor transfers all public records
to the Commission upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a
format that is compatible with the information technology systems of the Commission.
vi. Requests for Records; NONCOMPLIANCE — A request to inspect or copy public
records relating to Commission's contract for services must be made directly to the
Commission. If the Commission does not possess the requested records, the
Commission shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the Commission or allow the records to be inspected or
copied within a reasonable time. If a Contractor does not comply with the
Commission's request for records, the Commission shall enforce the contract
provisions in accordance with the contract. A Contractor who fails to provide the public
records to the Commission within a reasonable time may be subject to penalties under
s. 119.10.
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vii. Civil Action — If a civil action is filed against the Contractor to compel production of
public records relating to the Commission's contract for services, the court shall assess
and award against the Contractor and the reasonable costs of enforcement including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Contractor
has not complied with the request, to the Commission and to the Contractor.
A notice complies if it is sent to the Commission's custodian of public records
and to the Contractor at the Contractor's address listed on its contract with the
Commission's or the Contractor's registered agent. Such notices must be sent
by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format. A Contractor
who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
20. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand
and will comply with their duty to cooperate with the Inspector General in any investigation, audit,
inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official,
the Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents, or files of any type or form that refer to or relate to
the Contract. The Contractor shall retain such records for three (3) years after the expiration of the
Contract, or the period required by the General Records Schedules maintained by the Florida Department
of State (available at: http://dos.myflorida.conVlibrary-archives/records-management/general-records-
schedulesn, whichever is longer. The Contractor agrees to reimburse the State for the reasonable costs of
investigation incurred by the Inspector General or other authorized State official for investigations of the
Contractor's compliance with the terms of this or any other agreement between the Contractor and the
State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall
not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees.
21. SECURITY AND CONFIDENTIALITY.
The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the
Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of
performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant.
22. RECORD KEEPING REQUIREMENTS.
A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement, in accordance with generally accepted accounting principles.
B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the
Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized
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FWC Agreement No. 16058
representatives of the state or federal government to
documents, papers, and records, including electronic
Agreement, for the purposes of conducting audits
transcriptions.
have access to any of the Grantee's books,
storage media, as they may relate to this
or examinations or making excerpts or
C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall be
maintained for five (5) years following the close of this Contract. Contractor shall cooperate with the
Commission to facilitate the duplication and transfer of such records upon the Commission's request.
D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work
is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record
keeping requirements in all subsequent contracts.
E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded
under this Agreement must comply with the Federal Funding Accountability and Transparency Act
(FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the
government accountable for each spending decision. The result is to reduce wasteful spending in the
government. The FFATA legislation requires that information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website:
http://www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal
to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary, over the life of this Agreement, for the Commission to comply with
this requirement.
23. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS.
Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been
determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore,
pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject
to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall
comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida
Single Audit Acts," attached hereto and made a part of the Agreement, as applicable.
24. FEDERAL COMPLIANCE.
As applicable, Contractor shall comply with all federal laws, rules, and regulations, including but not
limited to:
i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water
Pollution Control Act (33 U.S.C. 1251-1387, as amended).
ii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have
been illegally taken, possessed, transported or sold.
iii. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884.
This Act governs marine fisheries in Federal waters.
iv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless
permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer
for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry or cause to be carried by any means
whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any
manner, any migratory bird, or any part, nest, or egg of such bird.
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FWC Agreement No. 16058
V. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the
conservation of threatened and endangered plants and animals and the habitat in which they
are found. The Act also prohibits any action that cause a "taking" of any listed species of
endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and
foreign commerce of listed species.
25. FEDERAL FUNDS. No Federal Funds are applied to this Contract, therefore, the following terms
and conditions do not apply.
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and
agreed that the Contractor is not authorized to expend any federal funds under this Contract to a federal
agency or employee without the prior written approval of the awarding federal agency.
B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as
otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving
Federal assisted construction.
C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of
Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on
federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works. Under this Act, contractors
and subcontractors must pay their laborers and mechanics employed under the contract no less than
the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
D. Copeland "Anti -Kickback Act. The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and
3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to
contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of
mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by
any mean, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled.
E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work
Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and
subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve
the employment of mechanics or laborers. Under this Act, contractors and subcontractors must
compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work
week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour
work week; and not require workers to work in surroundings or work conditions that are unsanitary,
hazardous, or dangerous.
F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal award
meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
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FWC Agreement No. 16058
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal
Executive Order 12549, Debarment and Suspension, the Contractor shall agree and certify that neither
it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency; and,
that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction,
with a person who is similarly debarred or suspended from participating in this covered transaction.
I. Prohibition against Lobbying.
Contractor Certification — Payments to Influence. The Contractor certifies that no
Federal appropriated funds have been paid or will be paid, on or after December 22, 1989,
by or on behalf of the Contractor, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding,
renewal, amending or modifying of any Federal contract, grant, or cooperative agreement.
If any non-federal funds are used for lobbying activities as described above in connection
with this Contract, the Contractor shall submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", and shall file quarterly updates of any material changes. The Contractor
shall require the language of this certification to be included in all subcontracts, and all
subcontractors shall certify and disclose accordingly.
ii. Contractor — Refrain from Subcontracting with Certain Organizations. Pursuant to
the Lobbying Disclosure Act of 1995, the Contractor agrees to refrain from entering into
any subcontracts under this Contract with any organization described in Section 501(c)(4)
of the Internal Revenue Code of 1986, unless such organization warrants that it does not,
and will not, engage in lobbying activities prohibited by the Act as a special condition of
the subcontract.
J. Compliance with Office of Management and Budget Circulars. As applicable, Contractor shall
comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR
200).
26. CONTRACT -RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the
performance of this Contract is certified by or is available from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946.515(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles which are the subject
of, or required to carry out, this contract shall be purchased from [PRIDE]
in the same manner and under the same procedures set forth in Subsections
946.515(2) and (4), F.S.; and for purposes of this contract the person, firm
or other business entity carrying out the provisions of this contract shall
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FWC Agreement No. 16058
be deemed to be substituted for this agency insofar as dealings with such
corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at http://www.pride-ente!prises.org.
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Contract is on the procurement list established pursuant to
Subsection 413.035(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles that are the subject
of, or required to carry out, this contract shall be purchased from a
nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, F.S., in the same manner and under the
same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for
purposes of this contract, the person, firm or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for the
state agency insofar as dealings with such qualified nonprofit agency are
concerned.
Additional information about the designated nonprofit agency and the products it offers is available
at http://www.respectofflorida.orQ.
C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled
products or materials which are the subject of or are required to carry out this Contract in
accordance with Section 403.7065, F.S.
27. PROFESSIONAL SERVICES.
A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this
Contract is for the acquisition of professional architectural, engineering, landscape architectural, or
registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the
following provision applies:
The architect (or registered surveyor and mapper or professional engineer, as
applicable) warrants that he or she has not employed or retained any company or
person, other than a bona fide employee working solely for the architect (or
registered surveyor and mapper, or professional engineer, as applicable) to solicit
or secure this contract and that he or she has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee
working solely for the architect (or registered surveyor and mapper or professional
engineer, as applicable) any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
contract.
B. Termination for Breach. For the breach or violation of this provision, the Commission shall have
the right to terminate the Contract without liability and, at its discretion, to deduct from the Contract
price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
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28. INDEMNIFICATION.
If Contractor is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to
Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's
negligence. If Contractor is not a state agency or subdivision as defined above, Contractor shall be fully
liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend,
and hold harmless the State and the Commission, and their officers, agents, and employees, from suits,
actions, damages, and costs of every name and description, including attorneys' fees, arising from or
relating to personal injury and damage to real or personal tangible property alleged to be caused in whole
or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that
Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent
act or omission of the State or the Commission.
29. NON-DISCRIMINATION.
A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national
origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this Contract.
B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who
has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply
on a contract with a public entity for the construction or repair of a public building or public work;
may not submit bids, proposals, or replies on leases of real property to a public entity; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity. Contractor has a
continuing duty to disclose to the Commission whether they appear on the discriminatory vendor
list.
30. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE.
This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Contract. Any
action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion
of all other lawful venues.
31. NO THIRD PARTY RIGHTS.
The Parties hereto do not intend nor shall this Contract be construed to grant any rights, privileges or interest
to any person not a party to this Contract.
32. JURY TRIAL WAIVER.
As part of the consideration for this Contract, the Parties hereby waive trial by jury in any action or
proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of
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FWC Agreement No. 16058
or in any way connected with this Contract, or with the products or services provided under this Contract,
including but not limited to any claim by the Contractor of quantum meruit.
33. PROHIBITION OF UNAUTHORIZED ALIENS.
In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the
Contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization
Act. Such violation shall be cause for unilateral cancellation of this Contract if the Contractor knowingly
employs unauthorized aliens.
34. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY).
A. Requirement to Use E-Verify. Executive Order 11-116, signed May 27, 2011, by the Governor
of Florida, requires Commission contracts in excess of nominal value to expressly require the
Contractor to: 1.) utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by Contractor during the Contract term; and,
2.) include in all subcontracts under this Contract, the requirement that subcontractors performing
work or providing services pursuant to this Contract utilize the E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the term of the
subcontract.
B. E-Verify Online. E-Verify is an Internet -based system that allows an employer, using information
reported on an employee's Form I-9, Employment Eligibility Verification, to determine the
eligibility of all new employees hired to work in the United States after the effective date of the
required Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article II.D.I.c. of the MOU. There is no charge to
employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found
online athttp://www.dhs.gov/files/programs/,gc 1185221678150.shtm
C. Enrollment in E-Verify. If Contractor does not have an E-Verify MOU in effect, the Contractor
must enroll in the E-Verify system prior to hiring any new employee after the effective date of this
Contract.
D. E-Verify Recordkeeping. The Contractor further agrees to maintain records of its participation
and compliance with the provisions of the E-Verify program, including participation by its
subcontractors as provided above, and to make such records available to the Commission or other
authorized state entity consistent with the terms of the Contractor's enrollment in the program. This
includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E-
Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation
menu of the E-Verify employer's homepage).
E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility
Verification provision is made an express condition of this Contract and the Commission may treat
a failure to comply as a material breach of the Contract.
35. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay
or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due
directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly
beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate
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FWC Agreement No. 16058
source of supply is available. However, in the event of delay from the foregoing causes, the Party shall
take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance
obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in
any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes
is excusable under this paragraph, Contractor shall notify the Commission's Contract Manager in writing
of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days
after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a
delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason
to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL
CONSTITUTE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this
paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against the Commission. Contractor shall not be entitled to an increase
in the Contract price or payment of any kind from the Commission for direct, indirect, consequential,
impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance
is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist, Contractor shall perform at no increased cost, unless the Commission
determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the
Commission or the State, in which case, the Commission may do any or all of the following: (1) accept
allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment
to the Commission with respect to products or services subjected to allocation; (2) purchase from other
sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of
the products or services that are the subject of the delay, which purchases may be deducted from the
Contract quantity; or (3) terminate the Contract in whole or in part.
36. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Contract. Any additional
deadlines for performance for Contractor's obligation to timely provide deliverables under this Contract
including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A.
37. ENTIRE CONTRACT.
This Contract with all incorporated attachments and exhibits represents the entire Contract of the Parties.
Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be
valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless
otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this
contract and its attachments, the terms of the solicitation and the Contractor's response to the solicitation.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
GRANT - GOVERNMENTAL ENTITY Ver. 06/2016 Page 20 of 21
FWC Agreement No. 16058
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized signatories on the day and year last written below.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
P""�
SIGNAT
Name: George Neugent
Title: Mayor
Date: W 1.�. IT 2.a 17
MONROETTORNCOUNTYAS O
APPROVE FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date:
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
SIGNAT RE
Name: brictn Cyv1 I-h,-►
Title: L+ . U t o -e t , (le p "tv 111 re c-hY p t. V
Date:
Approved as to form and legality by FWC Attorney:
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SIGNATURE//�O
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Attachments in this Agreement
include the following:
Attachment A
Scope of Work
Attachment B
Certifications and Assurances
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Attachment C
Requirements of the Federal and Florida Single Audit Acts
Attachment D
Cost Reimbursement Contract Payment Requirements
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Attachment E
Sample Invoice Form
At t;� z
Project Progress Report Form
Certificate of Completion Form
CURK
GRANT - GOVERNMENTAL ENTITY Ver. 06/2016 Page 21 of 21
Project Name: Monroe County, Derelict Vessel Removal FWC Contract No. 16058
Attachment A — SCOPE OF WORK
1. PROJECT DESCRIPTION
A. Purpose: The purpose of this project is to remove twenty-five derelict vessels from the public
waters of Monroe County.
B. Project Benefits: The removal of these derelict vessels will improve boating safety by removing
hazards to navigation. This project will also help to restore sensitive marine resources and
improve water quality.
2. DELIVERABLE(S): Remove twenty-five pre -award derelict vessels.
A. Tasks: The Grantee shall provide all labor, equipment, and materials to remove each derelict
vessel listed below from the public waters of Monroe County and properly dispose of the vessels
in the designated disposal location:
1. FWSB-14-OFF-007698
Description: 23' Vivacity sailboat, FL0558BN
Location 24°34.34502 ' N, 81 °46.953' W
Disposal: Landfill
2. FWSB-15-OFF-002243
Description: 25' Balboa sailboat, FL7980LN
Location: 24' 34.70298' N, 81 °48.50898' W
Disposal: Landfill/Sell for scrap.
3. FWSB-15-OFF-002188
Description: 25' Alman cabin cruiser, FL3146CV
Location: 24' 35.05302' N, 81' 48.21' W
Disposal: Landfill
4. FWSB-15-OFF-002756
Description: 25' Bayliner sailboat, FL4902DR,
Location: 24' 34.74798' N, 81 ° 48.48102' W
Disposal: Landfill
5. FWSB-15-OFF-005220
Description: 25' C&C sailboat, FL9250PE
Location: 24' 34.82202' N, 81°45.435' W
Disposal: Landfill
6. FWSB-15-OFF-010381
Description: 38' Chriscraft cabin cruiser, C0637932
Location: 24' 32.68602' N, 81 ° 45.69702' W
Disposal: Landfill
7. FWSB-15-OFF-012338
Description: 17' homemade migrant vessel
Location: 24' 32.90898' N, 81 ° 54.06' W
Disposal: Landfill/Sell for scrap
FWC Contract No. 16058
Attachment A
8. FWSB-I5-OFF-008016
Description: 29' Permacraft cabin cruiser, FL 1271 LM
Location: 24" 34.398' N, 81 ° 43.84098' W
Disposal: Landfill/Sell for scrap
9. FWSB-15-OFF-008017
Description: 37' Bertram cabin cruiser, DO541660
Location: 24' 34.40502' N, 81 ° 43.84602' W
Disposal: Landfill/Sell for scrap
10. FWSB-I5-OFF-012409
Description: 33' Irwin sailboat, FL5038BV
Location: 24' 38.54298' N, 810 22.767' W
Disposal: Landfill/Sell for scrap
11. FWSB-15-OFF-012410
Description: 23' Glander sailboat, FL6839AV
Location: 24' 38.54298' N, 81' 22.767' W
Disposal: Landfill/Sell for scrap
12. FWSB-I6-OFF-001026
Description: 25' sailboat
Location: 24' 34.326' N, 810 50.724' W
Disposal: Landfill
13. FWSB-I6-OFF-001587
Description: 30' sailboat
Location: 24' 33.798' N, 810 48.138' W
Disposal: Landfill
14. FWSB-15-OFF-003941
Description: 23' cabin cruiser
Location: 250 07.66002' N, 800 25.689' W
Disposal: Landfill
15. FWSB-I5-OFF-004797
Description: 26' Pacemaker cabin cruiser, FL5347MS
Location: 24' 43.13502' N, 810 04.93902' W
Disposal: Landfill
16. FWSB-15-OFF-006975
Description: 26' CBC sailboat, FL5442DL
Location: 240 50.403' N, 800 47.829' W
Disposal: Landfill/Sell for scrap
17. FWSB-15-OFF-008733
Description: 25' homemade migrant vessel
Location: 25' 03.00198 N, 800 28.86198' W
Disposal: Landfill
Page 2 of 6
FWC Contract No. 16058
Attachment A
18. FWSB-15-OFF-009248
Description: 23' Spacecraft cabin cruiser, FL6671GE
Location: 24' 55.125' N, 80' 40.20498' W
Disposal: Landfill
19. FWSB-15-OFF-007785
Description: 26' Chrysler sailboat, FL5416DL
Location: 25' 10.84002' N, 80' 23.30202' W
Disposal: Landfill
20. FWSB-15-OFF-010267
Description: 36' sailboat FL8222JK
Location: 25' 10.84002' N, 80123.30202' W
Disposal: Landfill
21. FWSB-15-OFF-009424
Description: 25' JA Helm sailboat, FL7946HK
Location: 24' 55.404' N, 80' 38.22798' W
Disposal: Landfill
22. FWSB-15-OFF-003523
Description: 30' Capital Yachts sailboat, FL4975LJ
Location: 24' 55.75398 N, 80' 37.52598' W
Disposal: Landfill
23. FWSB-15-OFF-009930
Description: 33' cabin cruiser
Location: 25' 00.76098' N, 80' 31.33098' W
Disposal: Landfill
24. FWSB-15-OFF-011981
Description: 25' homemade migrant vessel
Location: 24' 51.99' N, 80' 44.32998' W
Disposal: Landfill
25. FWSB-I6-OFF-000170
Description: 26' Pearson sailboat, FL8266NZ
Location: 25' 04.239' N, 80' 27.61698' W
Disposal: Landfill
B. Documentation Used as Evidence of Performance: The Grantee shall provide to the
Commission a Disposition Report. This report shall contain the list of all derelict vessels
removed and the disposition of each derelict vessel, photographs of each derelict vessel, and
an "Incident/Summary Report Narrative" (FWC/DLE-045A) completed by a Commission
law enforcement officer verifying removal of each derelict vessel. The photographs shall
document the condition of the vessel prior to the removal, the removal process, and the final
disposition of the vessel. Each photograph shall be labeled with the Derelict Vessel Number
assigned to that vessel.
Page 3 of 6
FWC Contract No. 16058
Attachment A
3. PERFORMANCE
A. Commencement of Work: The Grantee shall commence work on the Project within 90 days of
execution of the Agreement. Failure by the Grantee to begin work shall constitute a breach of the
Agreement and may result in termination of the Agreement by the Commission.
B. Criteria for Evaluating Successful Completion: The Grantee shall complete the project as
described in this Scope of Work and Florida Boating Improvement Program Application 16-044,
incorporated herein by reference, according to the approved bid specifications. Failure to
complete the project in a satisfactory manner could result in financial consequences as specified
herein.
C. Procurement: The Grantee shall procure goods and services through a competitive solicitation
process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of
any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations
or commencing any work. The Commission's Grant Manager shall have 30 working days for
review. This review shall ensure that minimum guidelines for the Project's scope of work are
adhered to. The Grantee shall forward one copy of the bid tabulation, or similar list of responses
to the solicitation, along with the award recommendation to the Commission's Grant Manager
D. Acknowledgement: The GRANTEE, at its expense, shall acknowledge the COMMISSION and
the Florida Boating Improvement Program as a source of funding by drafting a press release and
making the release available to local media. The GRANTEE shall provide a draft copy of the
press release to the COMMISSION prior to making it available to the media. Any other form of
acknowledgement must be approved by the COMMISSION's Program Administrator. Such
acknowledgement shall be maintained for the duration of the Agreement. Failure by the
GRANTEE to maintain such acknowledgement shall be considered a breach of the Agreement.
E. Engineering: If applicable, all engineering must be completed by a professional engineer or
architect registered in the State of Florida. All work must meet or exceed minimum design
standards and guidelines established by all applicable local, state and federal laws.
4. FINANCIAL CONSEQUENCES
Pursuant to 215.971(1)(c), Florida Statutes, the Commission will withhold payment of Program
funds for failure to complete the Project as described herein within the timeframe allowed or for
failure to correct any Project deficiencies, as noted in the final Project inspection.
5. COMPENSATION AND PAYMENT
A. Compensation: For satisfactory completion of the tasks described in this Scope of Work, by the
Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $86,462. The Grantee shall be reimbursed only
for budgeted expenses incurred during the term of the Agreement that are directly related to the
project. The Grantee is eligible for costs incurred prior to the execution of this Agreement as
allowable by Chapter 68-1.003, Florida Administrative Code, and the Florida Boating
Improvement Program Guidelines.
B. Cost Share: The Grantee agrees to provide 25% of the total cost of the project as indicated in
FBIP Grant Application No. 16-044. The total compensation by the Commission shall be $86,462
or 75% of the total cost of the project, whichever is less.
Page 4 of 6
FWC Contract No. 16058 Attachment A
C. Travel Expenses: No travel expenses are authorized under the terms of this agreement.
D. Invoice Schedule: The Grantee will submit one request for reimbursement within 30 days after
completion of the Project, as described herein, and acceptance of deliverables in writing by the
Commission's Grant Manager. The Commission shall have 45 working days to inspect and
approve goods and services.
E. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in
accordance with Comptroller Contract Payment Requirements as shown in the Department of
Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter
4., C., I., attached hereto and made a part hereof as Attachment D.
The request for reimbursement shall include an invoice in a format similar to Attachment E,
Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal
Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be
accompanied by a Certification of Completion, photographs to document project completion, an
itemized list of all project expenditures, and copies of invoices and cancelled checks or check
numbers to document payment for all project expenditures.
6. MONITORING
A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's
service delivery to determine if the Grantee has achieved the required level of performance. If the
Commission at its sole discretion determines that the Grantee failed to meet any of the Terms and
Conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall
correct all identified deficiencies within forty-five (45) days of notice. Failure to meet 100%
compliance with all of the Terms and Conditions of this Agreement or failure to correct the
deficiencies identified in the notice within the time frame specified may result in delays in payment
or termination of this Agreement in accordance with the Termination section.
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during
the construction of the Project. The Grantee shall notify the Commission's Grant Manager when
the Project has reached substantial completion so that inspection may occur in a timeframe allowing
for the timely submission and processing of the final invoice. The Commission's Grant Manager,
or designee, shall inspect the work accomplished on the Project and, if deemed complete and in
compliance with the terms of the Agreement, approve the request for payment.
The Grantee shall allow unencumbered access to the Project site to the Commission, its employees
or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the
facility is being maintained, in operation and is open and available to the public. As part of the
inspection, the Commission may request maintenance and use information from the Grantee to
validate the condition of the facility.
C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis,
project progress reports outlining the progress of the Project, identifying any problems that may
have arisen, and actions taken to correct such problems. Such reports shall be submitted on the
Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are
due to the Commission's Grant Manager by the 151 of the month immediately following the
reporting period until the Certification of Completion is submitted.
Page 5 of 6
FWC Contract No. 16058
Attachment A
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 13 of the Agreement.
8. SUBCONTRACTS
No additional requirements. Refer to Section 15 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 17 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 21 of the Agreement.
11. RECORD KEEPING REQUIREMENTS
Records shall be maintained for five (5) years following the completion of the Project. Completion of
the Project has occurred when all reporting requirements are satisfied and final payment has been
received by the Grantee. Refer to Section 22 of the Agreement.
12. NON -EXPENDABLE PROPERTY
The Grantee is not authorized to use funds provided herein for the purchase of any non -expendable
equipment or personal property valued at $1,000 or more for performance under this Agreement.
13. SPECIAL PROVISIONS
A. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee
shall sign a Certification of Completion form, Attachment G, attached hereto and made a part
hereof, that certifies the Project was completed in accordance with the Scope of Work and the
Agreement.
B. Fees: The Commission reserves the right to review and approve any and all fees proposed for grant
project sites, funded in whole or in part by this Program, for the term of the Agreement to ensure
that excess collection does not occur and that funds collected are not reallocated or diverted to any
non -boating access related purpose.
14. NON -EXPENDABLE PROPERTY
The Grantee is not authorized to use funds provided herein for the purchase of any non -expendable
equipment or personal property valued at $1,000 or more for performance under this Agreement.
15. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
No additional requirements. Refer to Section 13B of the Agreement.
Page 6 of 6
FWC Agreement No. 16058
Attachment B
CERTIFICATIONS AND ASSURANCES
The Commission will not enter this Agreement unless Grantee completes, signs and returns to the
Commission, the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance
of this Agreement, Grantee, through its duly authorized representative, certifies that it has read and provides
the certifications and assurances below; and acknowledges it has an ongoing obligation to give written
notice to the Commission, within a reasonable time, following any change in status regarding these
certifications and assurances.
Part I: State Certifications and Assurances.
If this Agreement is supported by State funding,
then the following Certifications and Assurances apply.
A. Interested State Employees, Chapter 112, F.S. Grantee certifies to the best of its knowledge, that
none of its officers, directors, employees or other agents is also an employee of the State of Florida
who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates.
B. Conflict of Interest, Section 200.112, OMB Uniform Guidance (2 CFR 200). If this Agreement
includes a Federal award, Grantee certifies that neither it, its principals, or agents, have a conflict of
interest with either the Commission or the Federal awarding agency.
C. Convicted Vendors, Section 287.133, F.S. Grantee certifies that it, its principals, recipients,
subrecipients, contractors, and subcontractors, are not on the Convicted Vendors List as maintained by
the Department of Management Services, pursuant to Section 287.133(3)(d), F.S.
D. Scrutinized Companies List, Sections 287.135 and 215.473, F.S. If this Agreement is in the amount
of $1 million or more, Grantee certifies that to the best of its knowledge, it, its principals, recipients,
subrecipients, contractors, and subcontractors are not:
a. On the Scrutinized Companies with Activities in Sudan List;
b. On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or
c. Engaged with business operations in Cuba or Syria.
E. Discriminatory Vendors, Section 287.134, F.S. Grantee certifies that it, its principals, recipients,
subrecipients, contractors and subcontractors are not on the Discriminatory Vendors List maintained
by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S.
F. Litigation, Investigations, Arbitration, or Administrative Proceedings. Grantee certifies that it, its
principals and agents, are not engaged in any civil or criminal litigation investigations, arbitration, or
administrative proceedings relating to or affecting the Grantee's ability to perform under this
Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment B rev.6.15.15 Page 1 of 4
FWC Agreement No. 16058 Attachment B
Part II: Federal Certifications and Assurances.
If this Agreement is supported by Federal funding,
then the following Certifications and Assurances apply.
A. Equal Employment Opportunity. Grantee certifies that to the best of its knowledge, it, its
principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the
Equal Employment Opportunity requirements contained in Executive Order 11246 of September 24,
1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October
13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
B. Davis -Bacon Act. Grantee certifies that to the best of its knowledge, it, its principals, agents,
recipients, subrecipients, contractors and subcontractors, are in compliance with the Davis -Bacon Act
40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5.
C. Copeland "Anti -Kickback Act. Grantee certifies that to the best of its knowledge, it, its principals,
agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Copeland
"Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor
regulations (29 CFR Part 5).
D. Contract Work Hours and Safety Standards Act. Grantee certifies that to the best of its
knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in
compliance with the Contract Work House and Safety Standards Act, Sections 103 and 107 of the
Agreement Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by
Department of Labor regulations (29 CFR part 5).
E. Rights to Inventions Made Under a Contract or Agreement. Grantee assures that it, its principals,
agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of
the "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements", 37 CFR Part 401.
F. Clean Air Act and Water Pollution Control Act. Grantee assures that it, its principals, agents,
recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the
Clean Air Act, 42 U.S.C. 7401-7671q, and the Water Pollution Control Act, 33 U.S.C. 1251-1387, as
amended.
G. Energy Efficiency. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors
and subcontractors, will comply with the requirements of the mandatory standards and policies relating
to energy efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act, Pub. L. 94-163, 89 Stat. 871.
H. Drug -Free Workplace. Grantee assures that it, its principals, agents, recipients, subrecipients,
contractors and subcontractors, will comply with the requirements of the Drug -Free Workplace Act of
1988, and its implementing regulations codified at 29 CFR Part 94.
a. Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the
Grantee (if not an individual) will provide a drug -free workplace by the following actions:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace
and specifying the actions that will be taken against employees for violation of such
prohibition.
Attachment B rev.6.15.15 Page 2 of 4
FWC Agreement No. 16058
Attachment B
2. Establishing an ongoing drug -free awareness program to inform employees concerning:
i. The dangers of drug abuse in the workplace.
ii. The policy of maintaining a drug -free workplace.
iii. Any available drug counseling, rehabilitation and employee assistance programs.
iv. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
Making it a requirement that each employee to be engaged in the performance of the
Agreement be given a copy of the statement required by paragraph Part II, H.a.l of this
certification.
4. Notifying the employee in the statement required by paragraph Part II, H.a.l of this
certification that, as a condition of employment under the Agreement, the employee will:
i. Abide by the terms of the statement.
ii. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five (5) calendar days after
such conviction.
5. Notifying the Commission in writing ten (10) calendar days after receiving notice under
subparagraph Part II, H.a.4.b from an employee or otherwise receiving actual notice of
such conviction. Provide such notice of convicted employees, including position title, to
every Grant Manager on whose Grant activity the convicted employee was working. The
notice shall include the identification number(s) of each affected Contract or Grant.
6. Taking one of the following actions, within thirty (30) calendar days of receiving notice
under subparagraph Part II, H.a.4.b. herein, with respect to any employee who is so
convicted:
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973 as
amended.
ii. Requiring such employee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local,
health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of this entire certification.
b. If the Grantee is an individual, the Grantee certifies that:
1.As a condition of the grant, Grantee will not engage in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance in conducting any
activity with the grant; and,
2. If convicted of a criminal drug offense resulting from a violation occurring during the
conduct of any grant activity, Grantee will report the conviction, in writing, within 10
calendar days of the conviction, to the Commission When notice is made to such a central
point, it shall include the identification number(s) of each affected grant.
I. Trafficking Victims Protection Act of 2000. Grantee assures that it, its principals, agents, recipients,
subrecipients, contractors and subcontractors, will comply with the requirements of the Trafficking
Victims Protection Act of 2000, as amended, 22 U.S. C. 7104(g), 2 CFR 175.15.
Attachment B rev.6.15.15 Page 3 of 4
FWC Agreement No. 16058
Attachment B
J. Debarment and Suspension. In accordance with Federal Executive Order 12549, Debarment and
Suspension, the Grantee certifies that neither it, nor its principals, or agents, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter
into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or
suspended from participating in this covered transaction.
K. Prohibition against Lobbying. If Grantee is unable to certify to any of the statements in this
certification, Grantee shall attach an explanation to this Agreement.
a. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal
appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with the awarding, renewal, amending or
modifying of any Federal agreement, grant, or cooperative agreement. If any non-federal funds
are used for lobbying activities as described above in connection with this Agreement, the
Grantee shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall
file quarterly updates of any material changes. The Grantee shall require the language of this
certification to be included in all subcontracts, and all subcontractors shall certify and disclose
accordingly:
b. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the
Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any
subcontracts under this Agreement with any organization described in Section 501(c)(4) of the
Internal Revenue Code of 1986, unless such organization warrants that it does not, and will
not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract.
L. Lacey Act; Magnuson -Stevens Fishery Conservation and Management Act; Migratory Bird
Treaty Act; and Endangered Species Act. Grantee certifies that to the best of its knowledge, it, its
principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with, and
gives its assurance that said parties will continue to remain in compliance with the Lacey Act, 16 U.S.C,
3371-3378; Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884;
Migratory Bird Treaty Act, 16 U.S.C. 703-712; and Endangered Species Act, 16 U.S.C. 1531, et seq.
By signing below, Grantee certifies the representations outlined above are true and correct.
6--1raa+ Maneye�
(Signature and Title of Authorized Representative)
Mor►roe_ CoL4-r1 iH gOCC, 3/1-7
Grantee Date
29 $ OVA spa-s , S4--e y Zo
(Street)
Mav-&+V on , IF1. 330S'o
(City, State, ZIP Code)
Attachment B rev.6.15.15 Page 4 of 4
FWC Agreement No. 16058
Attachment C
REQUIREMENTS OF THE FEDERAL AND FLORIDA SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds, then all provisions apply.
MONITORING
In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as
revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS"
below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures may include, but not be limited to, on -site visits by the Commission staff or
contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or
other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non-profit organization as
defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or
program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of
1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by Sections 200.500-200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniform Guidance, will meet the requirements of this part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule
of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action
plan.
D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
Attachment C rev.6.15.15 Page 1 of 4
FWC Agreement No. 16058
Attachment C
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the
audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance
findings related to contracts with the Commission shall be based on the contract requirements, including
any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose
whether or not the matching requirement was met for each applicable contract. All questioned costs
and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the
Commission contract involved. Additionally, the results from the Commission's annual financial
monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB
Uniform Guidance audit reports.
F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each contract with
the Commission in effect during the audit period.
G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required.
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB
Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such
an audit must be paid from the Grantee's resources obtained from other -than Federal entities).
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.html
PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida
Single Audit Act).
A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project -
specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the
Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by
this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall
consider all sources of state financial assistance, including state financial assistance received from the
Commission, other state agencies, and other non -state entities. State financial assistance does not
include Federal direct or pass -through awards and resources received by a non -state entity for Federal
program matching requirements.
B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall
ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters
Attachment C rev.6.15.15 Page 2 of 4
FWC Agreement No. 16058
Attachment C
10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General.
C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that
the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
Grantee's resources obtained from other -than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
https:Hi!pps.fldfs.com/fsaa/.
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the
reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted
to the Federal Audit Clearinghouse):
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
3. Other Federal agencies and pass -through entities in accordance with Section 200.512, OMB
Uniform Guidance.
Attachment C rev.6.15.15 Page 3 of 4
FWC Agreement No. 16058
Attachment C
B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB
Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the
audit report, indicate the date that the Grantee received the audit report); copies of the reporting
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued
by the auditor; copies of reports required by Part II of this Attachment must be sent to the
Commission at the addresses listed in paragraph C. below.
C. Copies of financial reporting packages required by Part II of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
directly to each of the following:
1. The Commission at the following address:
Chief Financial Officer
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521,
OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for -profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee
in correspondence accompanying the reporting package.
- End of Attachment C —
Attachment C rev.6.15.15 Page 4 of 4
FWC Agreement No.16058 Attachment C
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
ederal Pro ra
CFDA # CFDA Title Amount
Total Federal Awards
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Matching Funds Provide
by CFDA
7CFDA#
CFDA Title
Amount of
Matching Funds
Total Matching Funds Associated with Federal
Programs
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Exhibit I rev.6.15.15 Page 1 of 2
FWC Agreement No.16058
Attachment C
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included
in Exhibit 1 be provided to the Grantee.
- End of EXHIBIT 1-
Exhibit I rev.6.15.15 Page 2 of 2
FWC Contract No. 16058 Attachment D
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial
Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount
for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services
and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement
request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or
submitted documentation must evidence the completion of all tasks required to be performed for the deliverable
and must show that the provider met the minimum performance standards established in the agreement.
August 2013 Page 1 of 1
FWC Agreement No.16058
Attachment E
Billed to:
Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399-1600
Remit payment to:
Grantee:
FEID #:
Address:
INVOICE
PROJECT COSTS:
Invoice No.
Invoice Date:
FWC Contract #:
Amount of Grant Award: $
Billing Period/Dates of Service:
From:
To:
In -kind Services — Non -cash expenses:
Amount
In -kind service: Administration
$
In -kind service: Project Management
$
In -kind service: Other
$
Deliverables (Scope of Work) — Cash expenditures:
Amount
Total Project Cost: $
Grantee Share ( %): — $
Amount for Reimbursement: $
Less Previous Payments: — $
Total This Payment: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in -kind or cash, were utilized toward the project in this Agreement.
Signed:
Project Manager
Page 1 of 2
Date:
FWC Agreement No.16058
Attachment E
FWC Contract #
FEID #
Project Tide:
Payment No.
FLORIDA BOATING IMPROVEMENT PROGRAM
Partial Payment Request Form
Dates of Service:
Amount $ Percentage of Completion:
Brief Description — Project Summary:
Describe below deliverables completed to document percentage of work completed for invoice submitted:
Signature
Title
Date
Page 2 of 2
FWC Contract No. 16058 Attachment F
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284.
FWC Contract # 16058
Grantee:
Project Title:
Reporting Period (Month/Year):
(Due 15 days after the end of each month)
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date?
Anticipated Phase I completion date:
YES ❑ NO ❑
(If project is not on schedule, please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑
Bid package
❑
Bid tabulation
❑
Progress photographs
❑
Final photographs
❑
Draft acknowledgement
Project Manager
Print Name
Date
Phone
Page 1 of 1
FWC Contract No. 16058
Attachment G
I,
representing
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Florida Boating Improvement Program
CERTIFICATION OF COMPLETION STATEMENT
(Print Name and Title)
(Name of Local Government)
do hereby certify that the Florida Boating Improvement Program project funded by FWC
Contract No. has been completed in compliance with all terms and conditions of
said Agreement; that all amounts payable for materials, labor and other charges against the
project have been paid; and that no liens have been attached against the project.
(Signature)
(Date)
WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above -named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Name:
Title:
Date: